STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD _ DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2000-01779 O1~CFdHOL ROBERT WILLIAM WHITEHURST, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT WILLIAM WHITEHURST, ("Respondent"), and says: 1. Petitioner is the State agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified Air Conditioning Contractor, in the State of Florida, having ‘been issued license number CA C€020201. 3. Respondent's last known address is 2308 Palm Avenue, Seffner, Florida, 33584. 4. At all times material hereto, Respondent was the licensed qualifier for Conservation Corporation of Florida (QB #0008426). 5. Section 489.1195(1)(a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6. On or about March 16, 1999, Respondent entered into a contract with Lark Wallace (“Wallace”) to replace a dual air conditioning system with a single system at her home located at 363 145" Avenue East Madeira Beach, Florida. . 7. The contract price was four thousand four hundred dollars ($4,400.00). 8. Respondent accepted from Wallace four thousand four hundred dollars ($4,400.00) as payment on the contract. 9. The contract failed to contain a notice explaining the consumer's rights under the Construction Industry Recovery Fund as required by Section 489.1425(1), Florida Statutes. 10. On or about March 18, 1999, Respondent obtained an electrical and mechanical permit (#193441) from the Pinellas County Building Department for the installation of the air conditioning system and commenced work. 11. Inor around March of 1999, Respondent completed the project. 12. Respondent failed to obtain all required inspections on the project. 13. Respondent left ductwork tubing exposed and three holes in the ceiling. 14, Wallace was forced to pay another contractor to repair the holes in the ceiling. 15. The air conditioning unit as installed failed to function properly, and to date, Respondent has failed to repair the unit. COUNTI 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 17. Section 489.1425(1), Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer's rights under the Construction Industries Recovery Fund, except where the value of all material does not exceed $2,500. 18. Based on the foregoing, Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board, including, as here, Section 489.1425(1), Florida Statutes, which states that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. COUNT bf 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 20. Based on the foregoing, Respondent violated Section 489.129(1)(0), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT III 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 22. Based on the foregoing, Respondent has violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT IV 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 24. Based on the foregoing, Respondent violated Section 489.129(1)(g)3., Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor’s job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of the circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess costs associated with investigation and Prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this Le a day of COUNSEL FOR DEPARTMENT: Ellen C. Maring, Assistant General Counsel Robert A. Crabill, Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Northwood Centre Tallahassee, FL 32399-2202 sews Case #2000-01779 | , 2000. FIL of Business and Professional Regulation DEPUTY CLERK Punrdartt Michels oa 2000

Docket for Case No: 01-000444PL